Soccer & Performance Academy (SPA) is a collaboration between independent (former) professionals, trainers, footballers and businessmen. A list of shareholders in SPA, at least of the persons who are (non-) indirect shareholders (also called "partners") in SPA will be sent on request.
The clauses in these general terms and conditions are not only made for the benefit of SPA, but also for the benefit of all "partners" (as referred to above) or all other persons who work for SPA, or all persons involved in the implementation by SPA for any assignment, or all persons for whom acting or negligence SPA could be liable.
When formalizing the registration, participants accept the following conditions regarding data, policy, payment, cancellation and liability:
All assignments are exclusively accepted and executed by SPA. This also applies if it is the express or tacit intention that an assignment is carried out by a specific person. The applicability of article 7: 404 of the Civil Code, which provides for the latter case a regulation, and of article 7: 407, second paragraph of the Dutch Civil Code, which establishes joint and several liability for all cases in which an assignment is given to two or more persons, is expressly excluded.
Data and information
SPA is only bound to (further) execution of the assignment, if the client has provided all data / information desired by or on behalf of SPA. Additional costs, caused by the client not providing the requested data / information, (in) time or incomplete, are at the expense of the client. The Client is obliged to inform SPA without delay about facts / circumstances that may be of importance in connection with the execution of the assignment. The Client guarantees the correctness and / or completeness of the information and / or data provided by / on behalf of him.
SPA determines the manner in which the assignment is carried out and may engage others (auxiliary person (s) and / or third party (s)) on behalf of the client.
SPA can not guarantee the achievement of the intended result. The assignment will be performed to the best of its ability and as a careful professional.
It is possible that the programs are attended or given by a trainee or trainer in training. This is always done under the guidance of a SPA trainer.
SPA is authorized at all times, in special cases (eg aggressive behavior, disturbance of the program, annoying behavior towards co-clients) to unilaterally terminate the assignment / activities and terminate without refund of the declaration (s). This applies to all programs and for one-off events.
SPA is granted all rights relating to SPA products, such as advice, reports, models, contracts, systems, programs and collected know-how.
SPA regularly makes reports of programs, events and players. These photographs and films can be used for publicity purposes of SPA. By signing the registration form the client (or his / her legal representative) declares to agree with the publication of this material. You can lodge an objection in writing against this automatic agreement via email@example.com. SPA will then endeavor to prevent publication of this material.
Payment of SPA invoices must be made in advance without discount and / or settlement, within the term stated on the invoice. Thereafter, SPA is entitled to charge statutory interest. In the unlikely event that more than two payments from the client are available, SPA will only be obliged to (further) execute the order if the client has given all data / information from the proof of payment of the outstanding declarations to SPA before the start of the next to be delivered training session. Extrajudicial collection costs are at the expense of the client.
Cancellation / Termination
Cancellation of the assignment can only take place in writing up to 30 days before the start of the assignment by email to firstname.lastname@example.org. Thereafter cancellation is no longer possible and the full amount is due.
Interim termination for an assignment is only possible 30 days before the next scheduled start date. Taking into account a notice period of one month, the cancellation letter must have been received 1 month in advance by SPA. Cancellation is not possible in another way.
The invoices for the remaining period after cancellation will be deducted from the invoice yet to be paid or already paid. Termination of the assignment can only take place in writing up to 30 days before the start of the assignment by email email@example.com. Thereafter cancellation is no longer possible and the full amount is due
An assignment can only take place when, according to the SPA standard, a qualified trainer is available. If this trainer is unavailable, SPA reserves the right to cancel the assignment no later than 1 week before the start. The already paid declaration is automatically refunded.
Refund of claim (s) only takes place in case of cancellation as mentioned in Cancellation / Termination.
Foreclosure of the client does not entitle the customer to a refund. Sessions learned are not taken up or refunded. If the trainer is unable to attend, you will be notified via Whatsapp and / or an email message. These sessions are caught up at a different time.
In the event that, due to SPA, more than 30% of the program fails, a refund may be requested in writing.
Refund of reimbursement (s) only takes place in the following cases: long-term illness, at least 3 weeks, on consultation of a doctor's statement that on medical grounds the program can no longer be followed (you are not obliged to explain the medical grounds), death or relocation (with proof of registration new residence).
A complaint with regard to work performed or a declared amount must, on forfeiture of all claims, be made within one year of the sending date of reports / information, on which the client complains, or, if the client demonstrates that he can not reasonably have failed the defect, was able to discover, in writing, 14 days after discovery of the defect. An complaint does not suspend the payment obligation.
The liability of SPA and the employee / assistant (s) and / or third party (s) engaged by it, is in all respects limited to the amount paid out under the professional liability insurance of SPA in the relevant case, including the amount of the excess that is payable by SPA under the applicable insurance contract in the relevant case.
If for whatever reason no payment of the professional liability insurance is allowed, any liability is limited to three times the amount charged by SPA in the relevant case, in that calendar year, with a maximum of EUR 3,000.
SPA is, contrary to art. 6:76 Dutch Civil Code, only liable for the shortcomings of auxiliary person (s) and / or third party (-n), if and insofar as the resulting damage is caused to auxiliary (s) and / or third party (s) (-n) can be recovered, which does not affect the authority of the client to address these assistance (s) and / or third party (s) directly.
SPA is not liable for errors and / or shortcomings of a third party engaged in the execution of its services. SPA has the right to accept a limitation of liability that such a party may have agreed on behalf of the client.
SPA is not liable for lost or damaged personal belongings, such as clothing or instruments.
Not only SPA, but also all persons, either as "partner" (as referred to above), employee, consultant, third-party contractor, or in other capacities, who are engaged in the performance of any assignment from a client, can rely on this general conditions. The same will apply to former employees, as not exhaustively mentioned above, including their possible heirs, if they are held liable, after they have left the office.
These general conditions also apply to an additional assignment and follow-up assignments from the client.
The Client indemnifies SPA against all third-party claims, including the costs incurred by SPA in connection therewith, which are in any way related to the activities performed for the Client, except in case of intent or gross negligence on the part of SPA.
Clients are insured by SPA against accidents as long as they are supervised by the lecturers and / or persons charged with supervision by SPA. The conditions as stated in the liability insurance according to policy mantle 672448 of Delta Lloyd non-life insurance N.V. apply and can be requested from SPA.
SPA is entitled to have the filed files destroyed after 5 years after the file has been closed. After 5 years, the client must take into account that the files are no longer available.
Do you have a complaint? Report this to us. We will do our utmost to solve your complaint. Moreover, with your complaint we can improve the organization and prevent others from experiencing the same problem.
Send your complaint to firstname.lastname@example.org.
Indicate which program and / or person it concerns and what your complaint entails.
You will receive an acknowledgment of receipt of your complaint by return.
Your complaint will be treated in terms of content within 4 weeks. If it is not possible to handle your complaint within 4 weeks, you will receive a written notification of this in the interim.
SPA bundles and analyzes the complaints received for the improvement of its services.
Applicable law and choice of forum
The legal relationship to which these general terms and conditions apply is governed by Dutch law. Disputes will be settled by the competent court in Amsterdam, or the competent court in the domicile of the defendant (if the consumer so requests), if he so chooses and this choice, before the dispute has been brought, has been made known to SPA in writing.
If SPA acts as plaintiff, it shall be entitled to submit the dispute to the foreign court to be eligible for the client.
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